Where am I: TRI Forms & Instructions Document
On October 29, 1999 EPA published a final rule (64 FR 58666) adding certain chemicals and chemical categories to the EPCRA section 313 list of toxic chemicals and lowering the reporting threshold for persistent bioaccumulative toxic (PBT) chemicals. In addition, on January 17, 2001 EPA published a final rule (66 FR 4500) that classified lead and lead compounds as PBT chemicals and lowered their reporting thresholds. The lower reporting thresholds for lead applies to all lead except when lead is contained in a stainless steel, brass or bronze alloy.
Dioxin and dioxin-like compounds, lead compounds, mercury compounds and polycyclic aromatic compounds (PACs) are the four PBT chemical categories with lower reporting thresholds. The 17 members of the dioxin and dioxin-like compounds category and the 21 members of the PACs category are listed in Table IIc of these instructions. The dioxin and dioxin-like compounds category has the qualifier, "Manufacturing; and processing or otherwise use of dioxin and dioxin-like compounds if the dioxin and dioxin-like compounds are present as contaminants in a chemical and if they were created during the manufacturing of that chemical."
EPA has added six individual chemicals to the EPCRA section 313 list of toxic chemicals that also had their thresholds lowered: benzo(g,h,i)perylene, benzo(j,k)fluorene (fluoranthene), 3 methylcholanthrene, octachlorostyrene, pentachlorobenzene, and tetrabromobisphenol A (TBBPA). Benzo(j,k)fluorene and 3 methylcholanthrene were added as members of the polycyclic aromatic compounds (PACs) chemical category.
EPA lowered the reporting thresholds for PBT chemicals to either 100 pounds, 10 pounds, or in the case of the dioxin and dioxin-like compounds chemical category, to 0.1 grams. The table at the beginning of Section B.4 of these instructions lists the applicable manufacture, process, and otherwise use thresholds for the listed PBT chemicals.
EPA eliminated the de minimis exemption for all PBT chemicals (except lead when contained in stainless steel, brass or bronze alloys). However, this action does not affect the applicability of the de minimis exemption to the supplier notification requirements (40 CFR Section 372.45(d)(1)). In addition, PBT chemicals are ineligible for range reporting for on site releases and transfers off site for further waste management. This will not affect the applicability of range reporting of the maximum amount on site as required by EPCRA section 313(g).
All releases and other waste management quantities greater than 0.1 pounds of a PBT chemical (except the dioxin and dioxin like compounds chemical category) should be reported at a level of precision supported by the accuracy of the underlying data and estimation techniques on which the estimate is based. If a facility’s release or other waste management estimates support reporting an amount that is more precise than whole numbers, then the more precise amount should be reported.
For the dioxin and dioxin like compounds chemical category, which has a reporting threshold of 0.1 grams, facilities need only report all release and other waste management quantities greater than 100 micrograms (i.e., 0.0001 grams). Notwithstanding the numeric precision used when determining reporting eligibility thresholds, facilities should report on Form R to the level of accuracy that their data supports, up to seven digits to the right of the decimal. EPA’s reporting software and data management systems support data precision to seven digits to the right of the decimal. If a facility has information on the distribution of dioxin and dioxin-like compounds, the facility must report either the distribution that best represents the distribution of the total quantity of dioxin and dioxin-like compounds released to all media, or the facility's one best media specific distribution in Part II, Section 1.4, of the Form R (40 CFR Section 372.85(b)(15)(ii).
Lead and Lead Compounds
Beginning January 1, 2001, lead and lead compounds are classified as PBT chemicals and are subject to the lower manufacturing, processing and otherwise use threshold of 100 pounds. However, when lead is contained in stainless steel, brass, or bronze alloys it remains subject to the higher 25,000-pound manufacturing and processing thresholds and the 10,000-pound otherwise use threshold. Listed below are some important guidelines to use when calculating threshold and release and other waste management quantities for lead and lead compounds:
1) quantities of lead not contained in stainless steel, brass or bronze alloy are applied to both the 100 pound threshold and the 25,000/10,000 pound thresholds;
2) quantities of lead that are contained in stainless steel, brass or bronze alloys are only applied toward the 25,000/10,000 pound thresholds;
3) a facility may take the de minimis exemption for those quantities of lead in stainless steel, brass, or bronze alloys that meet the de minimis standard (e.g., manufactured as an impurity). Accordingly, the de minimis exemption may be considered for quantities of lead in stainless steel, brass, or bronze alloys but it may not be considered for lead not in stainless steel, brass, or bronze alloys;
4) If a facility exceeds the 100-pound threshold for lead other than in stainless steel, brass, or bronze alloys, the facility may not apply Form A eligibility as a non-PBT, range reporting in Sections 5 and 6 of the Form R or the use of whole numbers and 2 significant digits to any of the lead they report though they may be eligible for Form A using the PBT eligibility criteria. If a facility that exceeds the 25,000/10,000 pound threshold for lead in stainless steel, brass, or bronze alloy without tripping the 100 pound threshold for non-alloyed lead, the facility may consider the Form A requirements for non-PBTs, range reporting in Sections 5 and 6 of the Form R, and the use of whole numbers and 2 significant digits.